DOCSLIB.ORG

Populism and Federalism: the Interplay of Direct Democracy and Federal Institutions in Australia, Canada, Switzerland and the United States

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Populism and Federalism: the Interplay of Direct Democracy and Federal Institutions in Australia, Canada, Switzerland and the United States University of Calgary PRISM: University of Calgary's Digital Repository Graduate Studies Legacy Theses 2001 Populism and federalism: the interplay of direct democracy and federal institutions in Australia, Canada, Switzerland and the United States Kamena, Theodore Henry Jr. Kamena, T. H. (2001). Populism and federalism: the interplay of direct democracy and federal institutions in Australia, Canada, Switzerland and the United States (Unpublished doctoral thesis). University of Calgary, Calgary, AB. doi:10.11575/PRISM/16329 http://hdl.handle.net/1880/41090 doctoral thesis University of Calgary graduate students retain copyright ownership and moral rights for their thesis. You may use this material in any way that is permitted by the Copyright Act or through licensing that has been assigned to the document. For uses that are not allowable under copyright legislation or licensing, you are required to seek permission. Downloaded from PRISM: https://prism.ucalgary.ca UNIVERSITY OF CALGARY Populism and federalism: the interplay of direct democracy and federal institutions in Australia, Canada, Switzerland and the United States Theodore Henry Karnena, Jr. A THESIS SUBMITTED TO THE FACULTY OF GRADUATE STUDIES IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY DEPARTMENT OF POLITICAL SCIENCE CALGARY, ALBERTA APRIL, 2001 O Theodore Henry Karnena, Jr. 2001 National Libraty Bibliothhque nationale 1*1 of Canada du Canada Acquisitions and Acquisitions et Bibliographic Services services bibliographiques 395 Wellington Street 395, rue Wellington Ottawa ON KIA ON4 Ottawa ON K1 A ON4 Canada Canada Your lve Votre nllBme Our fik Notre nlltimllcd The author has granted a non- L'autew a accorde une licence non exclusive licence allowing the exclusive pennettant a la National Library of Canada to Bibliothkque nationale du Canada de reproduce, loan, distribute or sell reproduire, prSter, distribuer ou copies of this thesis in microform, vendre des copies de cette these sous paper or electronic formats. la forme de microfiche/^, de reproduction sur papier ou sur format electronique. The author retains ownership of the L'autew conserve la propriete du copyright in this thesis. Neither the droit d'auteur qui protiige cette these. thesis nor substantial extracts fiom it Ni la th6se ni des extraits substantiels may be printed or otherwise de celle-ci ne doivent Stre imprimes reproduced without the author's ou autrement reproduits sans son permission. autorisation. ABSTRACT This study examines the relationship between populism and federalism. In theory, these two conceptions of society are in conflict. Populism, in its most elemental form, sees the state as a tool for the "will of the people." This will is seen as indivisible, indicating populism views society in a monist way. Federalism, on the other hand, recognizes diversity within the state through the division of sovereignty between the federal-level government and component parts of the state. Despite this theoretical conflict, however, populism, as operationalized by direct democracy, and federalism do co-exist in some federal states. To examine this co-existence, this study uses data from ballot measures in four federal states - Australia, Canada, Switzerland, and the United States - using federal- level cases fi-om Australia, Canada and Switzerland as well as sub-national cases f?om selected Swiss cantons and American states in the period 1970-94. It also searches for intervening variables which may impact the relationship, focusing on the size of jurisdictions and the role of political parties. The study concludes that populist devices may co-exist with federalism by serving as a check on national power, both through providing a popular check on legislative decisions and by restricting centralization in a federal system. Populism and federalism may also work together to provide different definitions of the "people" on different issues, but this is limited by the emergence and growth of both cooperative federalism and universal standards of rights. ACKNOWLEDGEMENTS This project has been a part of my life for nearly seven years. I am grateful for the help and assistance of many people, I name but a few of them here. During my 17-day visit to Switzerland in 1996, I was helped by many people. I am appreciative for the assistance of the staff of the Chancellorie dYEtatde Neuchatel, and the Staatskanslei in Kanton Luzern. In particular, I wish to thank Josef Koch of the Staatskanslei for his patience in the face of a language barrier, and Alexandre Treschel of the Centre for the Study of Direct Democracy for his explanation of the einzelinitiative in Zurich. I also wish to thank the University of Calgary for the travel grant which made the visit possible. I am grateful as well to Campbell Sharman and Joel D. Sherman for their electronic correspondences, to Fred Wall for his assistance in gathering data from the Angus Reid Group, to Came Sullivan for three invaluable months of aid as my research assistant, and Jan-Peter Schernrnel for his translation of much of the German language material. I am thankful to the members of my committee, whose suggestions have vastly improved this work. And without Roger Gibbins, my Ph.D, advisor, I never would have reached this point. I want to thank everyone in the political science department at Western Washington University. It shall forever be my home, no matter where life may take me. Thanks in particular to Gene Hogan for his incredible flexibility in finding ways for me to serve; to Todd Donovan, for being an incredible resource and sounding board on direct democracy; and most of all to Don Alper, who provided me avenues for pursuing my interest in Canadian politics f?om my first term as an undergraduate. Finally, thanks to my wife, Christie and sons, Trevor and Derek. Christie, you have survived seven years of this, two of them far from other loved ones. I love all three of you more every day. TABLE OF CONTENTS CHAPTER 1 .INTRODUCTION ................................................................. 1 Questions to be raised .............................................................2 Selection of data .....................................................................3 CHAPTER 2 - POPULISM .....................................................................13 What is populism? ..................................................................13 Rousseau and the "general will" .................................18 The virtue of the "common people" ..............................20 The critique of representative democracy .......................24 Populist support of direct democracy ............................ 28 The use of direct democracy ......................................32 Differences in populist nature of referendums & initiatives ..37 Conclusion .......................................................................... -38 CHAPTER 3 - FEDERALISM ...................................................................42 What is federalism? ................................................................42 Why federalism? ...................................................................-48 A federalist conception of society ................................................ 54 Cooperative federalism ..................... ..................................... 59 Why federalism is worth studying .................................................62 CHAPTER 4 - POPULISM AND FEDERALISM ............................................66 Madison's critique of populism ...................................................67 The shared liberty of federalism and populism ..................................70 The co-existence of federalism and populism ..................................72 CHAPTER 5 - POPULISM VERSUS FEDERALISM .......................................90 Cooperative federalism ............................................................-90 Populism's problem with cooperative federalism ............91 Canada .............................................................95 United States .......................................................97 Australia ...........................................................99 Switzerland .......................................................101 Minority rights .....................................................................105 The issue of size ....................................................................110 Conclusion ........................................................................ 114 CHAPTER 6 - NATIONAL DISTINCTIVENESS AND CASE STUDIES .............117 Switzerland ........................................................................117 Federalism in Switzerland .....................................121 Direct democracy ...............................................124 Australia ...........................................................................132 Introduction of the constitutional referendum ..............133 Referendums and Commonwealth power .................... 134 Political parties and the referendum ........................ 137 Australia and Switzerland compared .........................................-139 Canada ...........................................................................-141 The 1942 conscription plebiscite ............................142 Charlottetown Accord ......................................... 145 Role of the parties ............................149 Decentralization ..............................151 Complexity ....................................152
Load more

Recommended publications
  • Constitutional Law and Indigenous Australians: Challenge for a Parched Continent
    2550 CONSTITUTIONAL LAW AND INDIGENOUS AUSTRALIANS: CHALLENGE FOR A PARCHED CONTINENT Law Council of Australia Old Parliament House, Canberra 22 July 2011 Constitutional Change: Recognition or Substantive Rights? The Hon. Michael Kirby AC CMG LAW COUNCIL OF AUSTRALIA OLD PARLIAMENT HOUSE, CANBERRA FRIDAY 22 JULY 2011 DISCUSSION FORUM CONSTITUTIONAL CHANGE: RECOGNITION OR SUBSTANTIVE RIGHTS? CONSTITUTIONAL LAW AND INDIGENOUS AUSTRALIANS: CHALLENGE FOR A PARCHED CONTINENT The Hon. Michael Kirby AC CMG GETTING TO YES IN AUSTRALIA It is a privilege for any Australian, especially of my generation, to gather in Old Parliament House. To speak in the building in which the parliamentary business of our nation was discharged for more than half a century. Here are found the portraits and the spirits of the famous Australians who led this country in peace and war. The Law Council of Australia deserves praise for summoning us to consider an issue of existential importance for our continental land: the provisions of the national Constitution as they concern the indigenous people: the Australian Aboriginals and Torres Strait Islanders. Let us, at the outset, pause to reflect on the respect we owe to them, both to their forebears and to their Posterity1. Let us do so sincerely as the New Zealanders do; not mechanically or perfunctorily. Wrongs have Justice of the High Court of Australia 1996-2009. Chairman of the Australian Law Reform Commission 1975-1984. Honorary Life Member of the Law Council of Australia. 1 The words used in the preamble to the Constitution of the United States of America: “To secure the blessings of Liberty to ourselves and our Posterity ...”.
    [Show full text]
  • The Challenge of Informed Voting at Constitutional Referendums
    368 UNSW Law Journal Volume 39(1) 15 THE CHALLENGE OF INFORMED VOTING AT CONSTITUTIONAL REFERENDUMS PAUL KILDEA* AND RODNEY SMITH** I INTRODUCTION As the push for a referendum on constitutional recognition of Aboriginal and Torres Strait Islander peoples has gathered momentum, so has discussion of the importance of ensuring that Australians are well-prepared to cast a vote on the topic when the moment comes. There is broad acceptance that one of the highest priorities in this respect is building citizens’ capacities to cast informed votes. Both official reports and expert commentary have expressed concerns about Australians’ existing levels of knowledge and awareness of constitutional recognition, and the Constitution more broadly, and have proposed measures to address them. In September 2014, for instance, a government-appointed advisory panel cited survey data showing poor community awareness and understanding of Indigenous recognition and made the blunt assessment that ‘[t]he wider Australian public is not yet ready for a referendum’. 1 George Williams has written about a ‘disturbing lack of knowledge about the Constitution and Australian government’ and the need for public education on Indigenous recognition ‘so that voters can feel confident in embracing the change’. 2 An Expert Panel on Indigenous recognition recommended in 2012 that ‘[b]efore the referendum is held, there should be a properly resourced public education and awareness program’.3 * Lecturer, UNSW Law School, and Director, Referendums Project, Gilbert + Tobin Centre of Public Law. ** Professor, Department of Government and International Relations, University of Sydney. The authors thank the anonymous referees for their helpful comments. The research undertaken for this article was partly funded by the Electoral Regulation Research Network Research Collaborative Initiative, ‘The Challenge of Informed Voting in the 21st Century’.
    [Show full text]
  • Australias Constitution After Whitlam 1St Edition Ebook
    AUSTRALIAS CONSTITUTION AFTER WHITLAM 1ST EDITION PDF, EPUB, EBOOK Brendan Lim | 9781107119468 | | | | | Australias Constitution after Whitlam 1st edition PDF Book Constitution would begin on March 4, For Prime Minister Gough Whitlam, and the parliamentary tradition that he invoked, national elections sufficiently legitimated even the most constitutionally transformative of his goals. From Wikipedia, the free encyclopedia. The Senate Opposition argued that a double dissolution was not justified on the grounds that:. Sawer, Geoffrey Views Read Edit View history. See Australian referendum Retirement of Judges. He had ridden into office on a election victory over Prime Minister John Howard that ended 12 years of coalition rule by the conservative Liberal Party of Australia and its junior partners, the Nationals, with one of the most dramatic vote swings in recent Australian electoral history. When Margaret Whitlam made a seemingly innocent comment to her husband, the then Prime Minister, Gough Whitlam, about what she was hearing on return from a good will visit to Japan, little did she realise what she had unleashed! In , a proposed preamble principally authored by the then Prime Minister John Howard was defeated in a referendum concurrent to that on a proposal to become a republic. Once this clear line of responsibility is interfered with as with the intervention of the Senate which is not an equitably representative body in the sense that the House is the powerful concept of representative and responsible government is weakened. The Trouble Begins. Ranga added it Jul 26, Constitution Day is observed on September 17, to commemorate the date the document was signed.
    [Show full text]
  • Upholding the Australian Constitution, Volume 15
    Upholding the Australian Constitution Volume Fifteen Proceedings of the Fifteenth Conference of The Samuel Griffith Society Stamford Plaza Adelaide Hotel, North Terrace, Adelaide, 23–25 May, 2003 © Copyright 2003 by The Samuel Griffith Society. All rights reserved. Table of Contents Foreword John Stone Dinner Address Hon Justice Ian Callinan, AC The Law: Past and Present Tense Introductory Remarks John Stone Chapter One Hon Len King, AC, QC An Experiment in Constitutional Reform – South Australia’s Constitutional Convention 2003 Chapter Two Hon Trevor Griffin The South Australian Constitutional Framework – Good, Bad or What? Chapter Three Professor Geoffrey de Q Walker The Advance of Direct Democracy Chapter Four Hon Peter Reith Let’s Give Democracy a Chance: Some Suggestions Chapter Five Professor Peter Howell South Australia and Federation Chapter Six Professor Philip Ayres John Latham in Owen Dixon’s Eyes i Chapter Seven Rt Hon Sir Harry Gibbs, GCMG, AC, KBE Teoh : Some Reflections Chapter Eight Hon Senator Nick Minchin Voluntary Voting Chapter Nine Julian Leeser Don’t! You’ll Just Encourage Them Chapter Ten Dr Geoffrey Partington Hindmarsh Island and the Fabrication of Aboriginal Mythology Chapter Eleven Keith Windschuttle Mabo and the Fabrication of Aboriginal History Concluding Remarks Rt Hon Sir Harry Gibbs, GCMG, AC, KBE Appendix I Professor David Flint, AM Presentation to Sir Harry Gibbs Appendix II Contributors ii Foreword John Stone The fifteenth Conference of The Samuel Griffith Society, which was held in Adelaide in May, 2003 coincided, as it happened, with the lead-up to the South Australian Constitutional Convention, and it was appropriate, therefore, that the program should mark that fact by the inclusion of four papers having to do with that (at the time of writing, still impending) event.
    [Show full text]
  • Direct Democracy
    Direct Democracy The International IDEA Handbook Direct Democracy The International IDEA Handbook Lead Writers and Editors Contributors Virginia Beramendi Jennifer Somalie Angeyo Andrew Ellis Nadja Braun Bruno Kaufmann Mugyenyi Silver Byanyima Miriam Kornblith Algis Krupavicius Larry LeDuc Humberto de la Calle Lombana Paddy McGuire Krisztina Medve Theo Schiller Alfred Lock Okello Oryem Palle Svensson Rodolfo Gonzáles Rissotto Daniel Zovatto Handbook Series The International IDEA Handbook Series seeks to present comparative analysis, information and insights on a range of democratic institutions and processes. Handbooks are aimed primarily at policy makers, politicians, civil society actors and practitioners in the field. They are also of interest to academia, the democracy assistance community and other bodies. © International Institute for Democracy and Electoral Assistance 2008 International IDEA publications are independent of specific national or political interests. Views expressed in this publication do not necessarily represent the views of International IDEA, its Board or its Council members. The map presented in this publication does not imply on the part of the Institute any judgement on the legal status of any territory or the endorsement of such boundaries, nor does the placement or size of any country or territory reflect the political view of the Institute. The map is created for this publication in order to add clarity to the text. Applications for permission to reproduce or translate all or any part of this publication should be made to: International IDEA SE -103 34 Stockholm Sweden International IDEA encourages dissemination of its work and will promptly respond to requests for permission to reproduce or translate its publications.
    [Show full text]
  • New Directions for Law in Australia: Essays in Contemporary Law Reform
    NEW DIRECTIONS FOR LAW IN AUSTRALIA ESSAYS IN CONTEMPORARY LAW REFORM NEW DIRECTIONS FOR LAW IN AUSTRALIA ESSAYS IN CONTEMPORARY LAW REFORM EDITED BY RON LEVY, MOLLY O’BRIEN, SIMON RICE, PAULINE RIDGE AND MARGARET THORNTON Published by ANU Press The Australian National University Acton ACT 2601, Australia Email: [email protected] This title is also available online at press.anu.edu.au National Library of Australia Cataloguing-in-Publication entry Title: New directions for law in Australia : essays in contemporary law reform / edited by Ron Levy, Molly O’Brien, Simon Rice, Pauline Ridge, Margaret Thornton. ISBN: 9781760461416 (paperback) 9781760461423 (ebook) Subjects: Law reform--Australia. Law--Australia. Essays. Other Creators/Contributors: Levy, Ron, editor. O’Brien, Molly Townes, editor. Rice, Simon, editor. Ridge, Pauline, editor. Thornton, Margaret (Margaret Rose), editor. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying or otherwise, without the prior permission of the publisher. Cover design and layout by ANU Press. Cover photograph by Kate Ogg. This edition © 2017 ANU Press Contents Foreword . ix The Hon Michael Kirby AC CMG Introduction . 1 Ron Levy, Molly O’Brien, Simon Rice, Pauline Ridge and Margaret Thornton Keynote: Reforming Law – The Role of Theory . 11 Margaret Davies Part I. Commercial and Corporate Law 1 . The Privatisation of Australian Corporate Law . 27 Ross Grantham 2 . On the Road to Improved Social and Economic Welfare: The Contribution to Australian Competition and Consumer Law and Policy Law Reform . 37 Russell Miller AM 3 .
    [Show full text]
  • POLITICS and LAW ATAR Course Examination 2019 Marking
    POLITICS AND LAW ATAR course examination 2019 Marking key Marking keys are an explicit statement about what the examining panel expect of candidates when they respond to particular examination items. They help ensure a consistent interpretation of the criteria that guide the awarding of marks. Copyright © School Curriculum and Standards Authority 2019 2020/2660 Web version of 2019/62813 POLITICS AND LAW 2 MARKING KEY Section One: Short answer 30% (30 Marks) Question 1 (10 marks) (a) Outline one source of the powers of the Governor-General in the Commonwealth Constitution. (2 marks) Description Marks Outlines one source of the Governor-General’s power 2 Makes a general statement about the Governor-General’s power 1 Total 2 Answers could include but are not limited to: • the Commonwealth Constitution s 61 • executive power rests with the Queen • this executive power is ‘exercisable by the Governor-General, as her representative’. (b) Explain the relationship between the Governor-General and the Federal Executive Council (FEC) as outlined in Section 62 of the Commonwealth Constitution. (3 marks) Description Marks Explains the relationship between the Governor-General and the Federal Executive Council 3 Makes reference to the content of Section 62 of the Constitution Outlines the relationship between the Governor-General and the Federal Executive Council 2 Makes limited reference to the content of Section 62 of the Constitution Makes a general statement about the relationship between the 1 Governor-General and the Federal Executive Council
    [Show full text]
  • Constitutional Change and Australia's First Peoples
    2599 CONSTITUTIONAL CHANGE AND AUSTRALIA’S FIRST PEOPLES Australian Law Students Association ALSA Reporter The Hon. Michael Kirby AC CMG AUSTRALIAN LAW STUDENTS ASSOCIATION ALSA REPORTER CONSTITUTIONAL CHANGE AND AUSTRALIA’S FIRST PEOPLES The Hon. Michael Kirby AC CMG* A NEW OPPORTUNITY: THE 2010 PROMISE A political commitment? We have a new opportunity to consider reform of the Australian Constitution to incorporate provisions respectful of the indigenous people of our country: Aboriginals and Torres Strait Islanders. Like most things constitutional, the opportunity derives from politics. One of the conditions for the support for the Government of the Greens and of the Independents, Mr. Andrew Wilkie MP and Rob Oakeshott MP, following the 2010 election, was that the government, led by Julia Gillard, would work collaboratively to hold a referendum during the 43rd Parliament on “indigenous constitutional recognition”1. Any referendum for such a purpose would therefore need to be held at or before the next federal election. This must be conducted, at the latest, on or before 30 November 2013. In the current fragile political circumstances, the chances of an earlier federal election cannot be overlooked2. In pursuit of the foregoing political agreement, the federal Extract based on an address on 27 July 2011 at Old Parliament House, Canberra to a conference convened by the Law Council of Australia. * Justice of the High Court of Australia (1996-2009). President of the NSW Court of Appeal (1984-96). Chairman of the Australian Law Reform Commission (1975-1984). 1 Agreement Between the Australian Greens and the Australian Labor Party, 1 September 2010, para.3(f) and Agreement Between the Hon.
    [Show full text]
  • Australians for Constitutional Monarchy
    Australians for Constitutional Monarchy Joint Select Committee on Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples Friday 30th January 2015 Submission by Australians- for Constitutional Monarchy 1. Summary This is a submission by Australians for Constitutional Monarchy to the Joint Select Committee on Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples. ACM proposes that the issue of the Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples be referred to a constitutional convention consisting principally of elected delegates, and certain ex officio and nominated delegates. 2. ACM 2.1 Australians for Constitutional Monarchy (ACM) was launched at a public meeting on 4 June 1992. The ACM Memorandum and Articles of Association (the Constitution) and Charter were signed on 18 March 1993. Two of the seven subscribers were Aboriginal Australians − former Senator Neville Bonner AO and Margaret Valadian AO CBE . Of the others, one had been a politician, the former Lord Mayor of Sydney, Doug Sutherland. He was to head the ACM NSW ticket for the Constitutional Convention. Then there was a former Chief Justice, Sir Harry Gibbs, the then President of the NSW Court of Appeal, Justice Michael Kirby, (soon to go to the High Court) an eminent QC and soon to be made a judge, Lloyd Waddy (our first National Convenor) as well as the celebrated authority on Australian literature and former ABC Chairman, Dame Leonie Kramer. Divisional Councils and branches were established across Australia and Tony Abbott became ACM's first Executive Director. 2.2 The mission of ACM is to preserve to protect and to defend our heritage: our Australian constitutional system, the role of the Australian crown in our system and our flag.
    [Show full text]
  • Download Complete Democracy Rules
    Democracy Rules An electoral education resource Democracy Rules An electoral education resource Democracy Rules Aboriginal and Torres Strait Islander readers are advised that this resource contains images of people who have died. Democracy rules: An electoral education resource – revised edition Produced by Education Services Australia for the National Training and Education Unit, Australian Electoral Commission First edition written by Pamela R Dudgeon and Patricia M Hincks Revised edition written by Patricia M Hincks Enquiries to: National Electoral Education Centre Australian Electoral Commission, ACT [email protected] © 2021 Commonwealth of Australia (Australian Electoral Commission). This work is licensed under the Creative Commons Attribution 4.0 International (CC BY 4.0) licence. To view this licence, visit http://creativecommons.org/licenses/by/4.0. First published 2007 Second edition 2009 Third edition 2010 Revised edition 2021 Revised edition designed by Aja Bongiorno Authorised by the Electoral Commissioner, 10 Mort Street, Canberra. Acknowledgements The publisher would like to thank the following for copyright material used in this book. Text: p 24 NSW Electoral Commission website; p 32 Adapted from A century of journalism: The Sydney Morning Herald and its record of Australian life. 1831–1931. John Fairfax & Sons Sydney, 1931; p 41 Jaensch, Dean, Elections! How and Why Australia Votes, Allen & Unwin 1995, p 47; p 71 Print, M, Saha L & Edwards, K 2004, Youth Electoral Study, Report 1, available on the AEC website; p 74 Jaensch,
    [Show full text]
  • Scangate Document
    Republic debate A Victorian Republic? George Williams Introduction The focus of the republic debate has understandably been on Australian people in the one referendum. This would obviate changes at the federal level. It is likely that Constitutional the need for any future federal or State referendums. Convention in February 1998 will also approach the question Moreover, the history of referendums in Australia from this perspective. Despite being largely sidelined, the demonstrates that a Commonwealth move to a republic is State of Victoria has three options before it. unlikely to succeed without State support.3 Accordingly, there are good reasons for trying to win the States over for a Option 1 - Remain a Constitutional Monarchy combined vote and transition. No legal difficulties arise while a State remains a monarchy under the current federal arrangements. However, should Section 106 of the Commonwealth Constitution states that the Commonwealth become the "Constitution of a republic and adopt an each State of the Australian as head of state, Commonwealth [is] new questions arise. Sir "One difficulty... is that a subject to this Harry Gibbs, a former Chief Constitution". Hence, Justice of the High Court, the constitutional described as "simply State might be transformed structures of the States absurd"1 the suggestion that can be modified by some States might retain amendment of the their status as constitutional into a republic despite a Commonwealth monarchies in the event of a Constitution. Commonwealth republic. Amendment of the However, there is no legal majority of the people in that Commonwealth reason why this should not Constitution is occur.
    [Show full text]
  • 1 the REFERENDUM in AUSTRALIA Cheryl Saunders, Melbourne Law School 1. General Introduction to the Law and Practice of Referendu
    THE REFERENDUM IN AUSTRALIA Cheryl Saunders, Melbourne Law School 1. General introduction to the law and practice of referendums in Australia Australia is a federation with a written Constitution that sets out the framework for the federation and establishes the institutions for the Commonwealth, or national, government. Each of the sub- national units of government, which are called States, also has a Constitution that establishes its institutions, subject to the Commonwealth Constitution. A referendum is required for any change to the text of the Commonwealth Constitution. Under section 128, any proposed law to change the Constitution must first pass through both Houses of the Commonwealth Parliament and must then be submitted to referendum. All voters qualified to vote for the House of Representatives are entitled to vote in a referendum. A referendum is passed if it is approved (a) by a national majority and (b) by a majority of voters in a majority of States. This is sometimes described as the ‘double majority’ requirement. As there are six Australian States, approval at referendum requires majorities in at least four States. If a proposal is accepted at referendum it must receive assent from the Governor-General before it becomes law, but this is a formality. Under section 128, a proposed Constitution Alteration law that does not pass one House can be put to referendum if it passes the other House twice. A few proposals for alteration of the Constitution also require approval by majorities in the affected States and may, in effect, require majorities in all States. These details are relatively unimportant for present purposes and will not be discussed further in this paper.
    [Show full text]